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Wednesday, June 10, 2015

It’s been all abuzz recently that the city of Los Angeles city
panel may place the burden of sidewalk repairs on property owners. Up until
1974 this was a standard way of doing things, property owners were responsible
to maintain the sidewalk. But in 1974 the city exempted property owners from
that time and on, from being responsible to repair sidewalks damaged and
cracked from overgrown tree roots. They did this to reap the benefits of
federal funds available at that time to make the repairs. But, as many of us
have seen in Los Angeles there are cracked, raised and broken sidewalks
everywhere. This is quite a large amount of work and expense for the city to
continue to fund. To many of us that have lived in Los Angeles for so long, it doesn’t
seem like cracked and damaged sidewalks are a big deal. But they do become a
big deal when people get hurt because they aren’t repaired or maintained. It
also becomes an accessibility issue to people who have disabilities. So if this
ordinance is passed and it becomes the homeowner’s responsibility to maintain
the sidewalks there may be a lot of money that has to be doled out to fix these
sidewalk situations. The current City Administrative officer is proposing a
phase in period where sidewalks that are adjacent to single family homes that
are damaged by tree roots still remain under the city’s responsibility until it’s
repaired. But once the repairs are made, it will be the homeowner’s
responsibility to maintain the sidewalk from then on. He is also proposing a
sidewalk inspection program, where inspectors would evaluate then issue notices
or citations to homeowners if the sidewalk is in need of repair. Business would
not fare so well. Commercial properties would be in a “fix and release” program
where property owners would have one year to fix the sidewalks before
inspections are done and another year to do repairs if the city finds that the
sidewalk needs repair.

This proposal is due in part to the city’s agreement to pay $1.4
billion, over 30 years as part of a legal settlement with disability advocates.
This does not include the additional cost of repairing the sidewalks, which
these advocates claim should have been a higher priority for the city. The city
will now have to create a plan where they not only pay the payments on the $1.4
billion, but now have to repair sidewalks around city buildings, transportation
access ways, medical facilities, commercial areas, places of employment and
residential area.

So now that we know why the city is doing this we now have a few
questions… What happens in situations where the sidewalk is damaged by
earthquakes? Whose responsibility is it going to be if sidewalk repairs become
the property owner’s responsibility? Also what happens if leakage from
underground pipes and such is causing problems to the sidewalk, who is the
responsible for that? (When you consider that most of the public waterworks
pipes are more than 8 decades old it’s likely for this to happen) What happened
to all the federal money that was received to do the sidewalk repairs? Also
what happens when utility work and maintenance require excavating through a
sidewalk who is responsible for that? What happens when the city streets suffer
from flood damage? Will repairs to the sidewalk be covered by your flood insurance,
the city, or something else?

These are all questions
that we don’t see being asked, but it looks like it could fall in the grey zone
which means that property owners need to be ready to pony up the money for
sidewalk repairs.

Wednesday, June 3, 2015

Copyright laws can be different internationally verses U.S.
copyright laws. This article only speaks to help people understand U.S.
Copyright laws and identify possible means of assistance or guidance when
filing a copyright. To begin, let’s first define what a copyright is according
to the United States Copyright Office, “Copyright is a form of protection
grounded in the U.S. Constitution and granted by law for original works of
authorship fixed in a tangible medium of expression. Copyright covers both
published and unpublished works.” In other words, a copyright is attributed to an
author of a particular work. The author does not need to publish the work to
have the copyright status. The next most important thing to know is what exactly
a copyright protects.

According to the U.S. Copyright Office, “Copyright, [is] a
form of intellectual property law, protects original works of authorship
including literary, dramatic, musical, and artistic works, such as poetry,
novels, movies, songs, computer software, photos, drawings, choreographic works
and architecture. But, the list is not limited to just these things. Copyright
does not protect facts, ideas, systems, or methods of operation, although it
may protect the way these things are expressed.” Although these various works
are protected by a copyright without an official filing, it is always better to
file for an official copyright when possible. By doing this it registers the
work with the federal government. This makes it official that the work was
created by you.

If you have questions about filing a copyright, give The Legal Eagles a call. We can work with you to help you file a copyright and protect what is rightfully yours.

Monday, December 29, 2014

Disasters tend to be one of two types: natural and human
caused.Do you know the types of
disasters that are likely to threaten your business directly or indirectly?Do you know what your insurance covers and does
not cover?Do you have a disaster
recovery plan?

No place on Earth perfectly safe.Every place can be systematically
characterized using the Geographic Systems Model (GSM).This can help you to identify the natural and
human kinds of disasters unique to your business.The GSM divides the world into 4 basic
realms: Air, Land, Water, and Living Organisms.Each one can be the origin of some kind of disaster.The forces of nature are such that
combinations are possible.For
example.The realm of Air is the source
of storms.Storms can produce rain,
snow, ice, hail, winds, and lightning.These can all vary in duration and intensity.Each poses a different kind of threat to your
business.Combined with Land, some sites
are prone to flooding, flash flooding, landslides, mudslides or slope
failure.You should be aware of the
seasons as well as the frequency and duration of these hazards.The same hazards can affect your suppliers
and vendors whose goods and services you depend on for your business.

After you have identified the type of disaster and its
possible frequency, consider the range of impact to your business and its
operations.Here are some of the
possible considerations:

1. Physical Damage
/ Physical Security: The direct and indirect impacts to your business can
result in varying degrees of damage to the building.A major concern is your business records,
especially accounts receivable and payable.How often do you back up your data and where is the backup kept?It may seem obvious that the backup should
not be stored in the same facility.If a
fire burns out your office, having the data and the backup data in the office
won’t help at all.If the damage in less
severe (e.g. broken windows or doors), how quickly can these be repaired or
temporarily fixed to secure the premises?And at what cost?Who will do the
work and how will you pay them?These
considerations should be in your disaster plan.

2. Direct & Indirect Impacts: Direct impacts of a disaster pertain
to your specific business facility.This
means the storm or fire affected your business.An indirect impact would be a storm that disrupted one of your
suppliers.Without the goods or services
you get from them, you cannot produce your goods / services to deliver to your
customers.Without supplies, your
production declines.So storms in other
parts of the world can adversely affect your supply chains.

3. Access Issues: Do you know the main and
secondary routes to your business?Can
you and your workers get to your business to assess damage, clean up, and
effect repairs to resume business?What
about access to your vendors / suppliers?Can supplies be delivered and / or can orders be shipped out?Do you have alternative work sites to resume
operations?What about alternative vendors
and suppliers if your primaries are incapacitated by the disaster?

4. Emergency Notifications: Do you have a
way to notify you insurance company, customers, vendors, suppliers, etc. to
inform them of you status?When things
are good, others may take your goods and services for granted.When disaster strikes, they still have their
business to run.Their customers still
expect to receive goods and services.Their vendors, suppliers, and employees still expect to get paid.If you are no longer operating, it is a good
opportunity for your competitors to erode your customer base and erode your
market share.This can seriously reduce
or eliminate your ability to recover.

5. Financial
Resilience: Anticipating the hazards, impacts, and costs are just ideas and
words.The reality of being able to pay
for the clean-up and recovery can be painful.If you don’t have financial reserves in place, you should at least have
fast access to credit lines for this purpose.In addition to repairs, you have your bills and employees to pay.What will it cost to keep operations going
under these circumstances?Do you have a
backup plan for telecommunications, data processing, and other critical
business functions to get through the crisis?If you use proprietary data processing software, do you have backup
copies and computer equipment capable of running it?And where is the data (and how up-to-date is
it)?

The loss of your business data can expose you to
financial risks that can ruin you.1) Do
you have updated Accounts Receivable data?If not, you stand to lose valuable income needed to keep your business
afloat.2) What about your Accounts
Payable?Falling behind on your payments
could result in collection action against you that multiply your liabilities.
The Legal Eagles can help with all of these things. We know disaster relief is
difficult. Our experienced business consultants are here to help guide you
through the process of being prepared for situations that can impact your business.
We can also help you after the fact when you need to take action against
vendors or clients that didn’t keep their word.

Tuesday, December 9, 2014

If you had to guess the number of times your reputation has
come into question due to defamation what number would you say? Defamation is
the all-encompassing term that describe how a person’s reputation can be
impacted by other people in a negative way. Most people will encounter
situations where defamation comes into play at one point or another in their
career or jobs. But, the big questions, in terms of the severity of the
situation are as follows:

1. Was the defamation due to a false statement verbally,
that was relayed as a fact by another person to a third party?

2. Was the defamation due to a false statement published in writing?

3. Did the individual(s) who made the statement verbally or
in writing do it intentionally or negligently to cause harm?

4. Was harm caused to the person or entity who is the
subject of the statement?

5. Another big question to ask yourself before jumping to a
defamation conclusion is: Is any of this statement true in any way?

One of the biggest things that come up in defamation cases
is how factual the defaming statements are. In some cases even if there is some
factuality to the statement but not totally factual it can still work against
you.

Defamation consists of two aspects, Slander and Libel. Slander is when someone negatively
affects your reputation when they speak falsely about you to a third party. Libel occurs when a statement is
published about you in writing that is false. In situations where there is
blatant libel or slander it is much simpler to pursue a case of defamation against
the defaming individual. What makes more defamation cases difficult is that the
statements made are often not completely false. They are often based somewhat on
at least a little bit of truth that has been skewed into the statement made by
the other party. At that point the person or entity that has been defamed must
demonstrate that despite the small percentage of truth the factuality of the
statement itself is false. Another major factor when establishing your case of
defamation is proving that there was an intention to, or there was negligence involved
in purposefully releasing false information about you. Finally you would also
have to prove that you have suffered negatively from the defamation.

An example of libel is if someone posts a statement on
social media that is blatantly false about an individual or an entity of some
sort. Due to this the persons or entities reputation greatly suffers. This type
of blatant situation would make it possible to pursue a case of defamation. An
example of slander would be if a co-worker says something blatantly false about
you to another co-worker which therefore gets to your boss or other employees
and as a result greatly affects your reputation in the company. This would be a
situation where defamation based on slander would come into play.

Monday, December 1, 2014

Things are always changing in the food industry, especially
when it comes to “fast food.” Many people consider this term to be directed
toward major chains like McDonalds, Burger King, Carls Jr. and many others that
aren’t named. In this specific niche of the food industry there have recently
been a lot of changes in regards to nutrition information and public health.
For this reason under the Affordable Care Act there is a little known provision
that states all fast food places (bakeries, coffee shops, convenience stores,
fast food restaurants, etc.) that have 20 or more locations (as a company not
as a franchise owner) will be required to post and list “clearly and
conspicuously” the calorie counts of each item by November of 2015. This is the
U.S. Food and Drug Administration’s way of making sure that people know what
they are putting in their mouths.

It may come as a surprise but local grocery stores that have
in store and take out dining will also be required to post the calorie counts
of the fast foods they are selling. This includes the fruits and salads you
have access to at the fruit and salad bar areas of the store. But, under this
provision the stores are require to list the calorie content for the “raw” cut
fruit in the salad but not for the whole fruit sold in the produce section. To
make it simple, anything sold in stores, restaurants, cafes, etc., that are
prepared for immediate individual consumption are required to have the calorie
content listed clearly and conspicuously. Exempt from this Act are meals served
on trains, airplanes, or food trucks.

Monday, September 29, 2014

Identity theft can happen to anyone. It can happen to you as
an adult. It can happen to your child. It can happen to you even if you’re dead.
It can be through a credit card, through your taxes, through your bank account
and so on. All a person needs to steal your identity is a few key pieces of information
which most people leave out in the open, like: your birthdate, address and
phone number. Once identity thieves get access to this information they can do
further research and pull up your social security number, employment history
and credit history. They can use this information to “verify” your identity
when falsely applying for credit under your name. They can use your social
security number to file for income tax refunds, credit cards and bank accounts.
They can even get a job using your information and you must pay the taxes.

Steps to take if you
think your identity has been stolen:

1. Check your wallet or purse to see if you are missing an
ID or any kind

of card that has your personal information.

2. Review your credit card and bank balances for accuracy.

3. Check your credit report to see if there have been any
unusual credit inquires.

7. Make sure to thoroughly check ALL three of your credit
reports. Some companies only report to one or two credit reporting agencies. It
is essential to make sure the information in ALL the reports are accurate.

8. When or if you detect there is an issue with an item reported
on your credit report contact the credit reporting agencies immediately and place
a fraud alert or fraud hold on your credit reports. A
fraud alert would tell the three credit reporting agencies that you have
detected fraudulent information on your credit report and would like them to
keep an eye out for more. A fraud hold would put a complete hold on your credit
report. This means that people would not be able to pull up your credit history.
You must contact the credit reporting agency and verify your identity and the
credit inquiry.

9. If it’s around tax time make sure to submit your tax
return early. If a person files taxes under your name and social security
number before you do, you will NOT be able to file your tax documents
electronically. That means your processing time will increase significantly.
For this reason if you suspect identity fraud the best thing to do is file your
taxes early.

10. Dispose of your paperwork properly. We have a lot of
information that we often throw away. This information is like gold if identity
thieves get their hands on it. Make sure to shred or burn all documents that
contain identifying information like your: full legal name, birthdate, address,
social security number, and so on.

[Note: In some cases you may be told or required
to file a police report. Each jurisdiction is different. Check with your local
law enforcement.]

Tuesday, September 9, 2014

"This is a non-profit organization. It wasn’t meant to be, but
that’s how it turned out."

Holidays are fast approaching and so
is the end of the year. This is the time that people tend to donate to
charities and nonprofits. Considering how much money and goods are spent and
donated toward “good causes”, it is essential that people understand what is a
non-profits or charity.

So have you ever wondered what
happens to your donation if it goes to an organization that is not a charity
recognized by the IRS? You might be asking, how can you tell if a charity
is officially recognized by the IRS? This is what the 501(c)(3) is all
about. These documents must be submitted to and approved by the IRS to authorize
it as a nonprofit organization. This means a company can claim (all be it not
legally) that they are a nonprofit and not have a 501(c)(3) on file with the
IRS. This claim could be made while their application is pending
approval. Or it could be a fraudulent claim to cheat generous donors
during the holiday season or during disaster relief efforts. Unless you
ask the right questions you may not know.

Most people see a non-profit and
think, “Well that's a good cause, and it’s a tax deduction, why not? I can
donate,” In reality, if that company is not a valid IRS approved nonprofit,
your donation is NOT tax deductible. So, now knowing this, you might ask how a
nonprofit can tell you your donation is eligible for tax credit when in fact
it’s not. Well, it is called fraud. Most of these organizations
won't tell you because they want to cheat you. They want your money.
In reality, these groups are seeking donations without a valid 501(c)(3)
aren't really the type of organization you would support with your donations. These fraudsters take in significant sums of money and supposedly don't
make any profit. Yet their CEO gets paid big bucks and they've actually
only donated maybe five to ten percent of their gross donation amounts.
In financial accounting terms, they are non-profits due to their exceedingly
high overhead and operating expenses.

You might be thinking well how does
this affect me? Well, other than the obvious fact that your donation
isn't being used in the way you expect it to be used, your donations does not
qualify as a tax deduction. This means come tax time, you will file for a
deduction that will be denied by the IRS. Then you will have to file an
amended return after recalculating your actual IRS approved tax deductible
donations. That means, if you donated $2000 to reduce your tax liabilities and
lower your tax bracket, you could find yourself cheated out of $2000 and you
haven't reduced your tax liability at all. So now think about how that will
affect you down the line.

It would be easy to say well I'm
just going to donate to big established charities, which admittedly makes
sense. But don't get too jaded. Before deciding to donate to a charity
you don’t know much about, here are some proactive measures you can take:

1. Ask the charity for proof of their
currently valid 501(c) (3) documentation;